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Paid influencers must label some posts as ads, German court rules

reuters.com

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Re: Paid influencers must label some posts as ads, German court rules

#121

Post by slapfrog »

space_fountain wrote: post #71
onlyrealcuzzo wrote: post #51

Earlier quoted context omitted.

And make money how? Creators are dependent on platforms to get and monetize attention. People aren't going to stop using Instagram and YouTube because a few superstars only post content on TikTok.

Even moderately successful YouTubers rely on sponsorship and because there's competition for creators between platforms it would take illegal coordination to present a united front and ban it

> Even moderately successful YouTubers rely on sponsorship and because there's competition for creators between platforms

The fact that you call them "Youtubers", identifying them using the trademark of one particular platform rather than a generic descriptor like "video content creator", suggests that there is not quite as much healthy competition as you claim. Most video companies other than youtube only compete with youtube in a narrow sense; a great deal of the content on youtube does not fit on tiktok's platform, which is only good for short-form content. Netflix only hosts movies or TV shows. Twitch is for livestreaming; other kinds of content don't fit into the paradigm of twitch. Vimeo has never been a good place for off-the-cuff home movies, they too try to compete with youtube only in a narrow domain, not across the board. The few generalist video hosting companies other than youtube are all jokes that are faaar behind youtube in viewer counts.

Re: Paid influencers must label some posts as ads, German court rules

#122

Post by 5faulker »

ramboldio wrote: post #2

The headline in a domestic newspaper reads "There are some product placements that influencers do not need to label as ads" https://www.zeit.de/digital/internet/2021-09/bundesgerichtsh... :D it's all about framing

That's the zeitgeist.

Re: Paid influencers must label some posts as ads, German court rules

#123

Post by dang »

ramboldio wrote: post #2

The headline in a domestic newspaper reads "There are some product placements that influencers do not need to label as ads" https://www.zeit.de/digital/internet/2021-09/bundesgerichtsh... :D it's all about framing

Hmm - ok, I've squeezed a 'some' up there to make it less misleading. Thanks!

Re: Paid influencers must label some posts as ads, German court rules

#124

Post by space_fountain »

slapfrog wrote: post #121
space_fountain wrote: post #71

Earlier quoted context omitted.

Even moderately successful YouTubers rely on sponsorship and because there's competition for creators between platforms it would take illegal coordination to present a united front and ban it

> Even moderately successful YouTubers rely on sponsorship and because there's competition for creators between platforms The fact that you call them "Youtubers" , identifying them using the trademark of one particular platform rather than a generic descriptor like "video content creator", suggests that there is not quite as much healthy competition as you claim. Most video companies other than youtube only compete w…

I guess the point is that Youtube has a powerful market position but not an unassailable one. They can lose market share and pissing off a large percent of there content creators seems like a good way of doing that

Re: Paid influencers must label some posts as ads, German court rules

#126

Post by BrandoElFollito »

krono wrote: post #103
BrandoElFollito wrote: post #102

Earlier quoted context omitted.

What happens when these foreigners don't?

"Fuck around and find out" AKA Absolutely nothing until your actions affect the wrong entity

I think this will be quite similar to non-EU business that do not have an actual legal foothold in the EU: nothing happens (because what actually could?).

I am actually surprised by some US businesses (local newspapers for instance) that make the effort to use GDPR cookies instead of not giving, as you say, a fuck.

Re: Paid influencers must label some posts as ads, German court rules

#127

Post by QuarterReptile »

mountainb wrote: post #89
jrochkind1 wrote: post #80

Earlier quoted context omitted.

It seems to be WILDLY unenforced then, no? In the USA, it doesn't seem to be done. I was actually shocked -- and then realized how naive I was -- when i was talking to someone at a party who had a tiktok where she reviewed garden products, to find out that it wasn't just "free product", she was literally getting paid by the companies to give them good reviews, and from the tiktok you wouldn't know she wasn't just rev…

Most of the statutes that can only be enforced by the federal government are like this: it's not just the FTC. Federal law enforcement is a teensy tick on top of an enormous dog which is crime. The FTC is really small compared to its purported bailiwick. It would need more lawyers than the largest law firms in the US to accomplish anything close to its responsibilities, and it would need to duplicate the FBI to act a…

Unfortunately, this means that there is no equal treatment under the law, which means that the rule of law is only partial.

Re: Paid influencers must label some posts as ads, German court rules

#128

Post by OptionX »

With this new decision how exactly does tings work as so far as not giving the influencer money but other goods.

For example a gaming pc brand give a fully built top-of-the-line in exchange for publicity. Would a video by that person on the brand be labeled an ad or not?

Re: Paid influencers must label some posts as ads, German court rules

#129

Post by eli »

jrochkind1 wrote: post #80
eli wrote: post #44

US law already requires influencers to disclose ads. (And the FTC says that US law includes foreigners whose audience is reasonably likely to include Americans) https://www.ftc.gov/tips-advice/business-center/guidance/dis...

It seems to be WILDLY unenforced then, no? In the USA, it doesn't seem to be done. I was actually shocked -- and then realized how naive I was -- when i was talking to someone at a party who had a tiktok where she reviewed garden products, to find out that it wasn't just "free product", she was literally getting paid by the companies to give them good reviews, and from the tiktok you wouldn't know she wasn't just rev…

The FTC doesn't move super fast, but they have done some enforcement actions over this: https://www.ftc.gov/news-events/blogs/terms/231
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